2006 New York Code - Powers.

 
    §  11. Powers. Every such corporation shall have the following powers:
  1. A gas corporation and a gas and electric corporation shall have power
  to manufacture gas, and to acquire natural or artificial gas and to  mix
  the  gases  and to sell and furnish gas for light, heat or power; and to
  lay conductors for gas in the streets, highways and  public  places,  in
  each  city,  village  and  town  in  the county or counties named in its
  certificate  of  incorporation,  with  the  consent  of  the   municipal
  authorities  of  such  city,  village or town, and under such reasonable
  regulations as they may prescribe.
    2. Every corporation having authority under any general or special law
  or under any charter or franchise, to lay down, erect or maintain pipes,
  conduits, ducts or  other  fixtures  in,  over  or  under  the  streets,
  highways  and  public  places  of  any  municipality  for the purpose of
  furnishing or distributing natural  gas,  may  acquire  and  supply  for
  public use artificial gas.
    Where  any  gas  corporation  is  serving natural gas under permits or
  franchises permitting the laying or maintaining of mains  or  pipes  and
  conveying  natural  gas,  and  the  supply  of  natural  gas  has become
  inadequate or insufficient to give reasonable service  to  consumers  in
  the  municipalities  served  by  it,  such  gas  corporation  may supply
  artificial gas or a mixture of natural and artificial gases  under  such
  permits or franchises.
    3.  An  electric  corporation and a gas and electric corporation shall
  have power to generate, acquire and supply electricity for heat or power
  in cities, towns and villages  within  this  state,  and  to  light  the
  streets,  highways and public places thereof, and the public and private
  buildings therein; and to make, sell or lease all machines, instruments,
  apparatus and  other  equipments  therefor,  and  for  transmitting  and
  distributing  electricity, to lay, erect and construct suitable wires or
  other conductors, with the necessary poles, pipes or other fixtures  in,
  on, over and under the streets, avenues, public parks and places in such
  cities, towns or villages, with the consent of the municipal authorities
  thereof,  and  in  such manner and under such reasonable regulations, as
  they may prescribe.
    3-a. An electric corporation and a gas corporation  shall  have  power
  and  authority  to  acquire such real estate as may be necessary for its
  corporate purposes and the right of way  through  any  property  in  the
  manner prescribed by the eminent domain procedure law.
    3-b.  The construction, use and maintenance by an electric corporation
  of transmission, distribution and service lines and wires  in,  over  or
  under  any street, highway or public place and the construction, use and
  maintenance by a  gas  corporation  of  transmission,  distribution  and
  service  pipes,  conduits, ducts or other fixtures in, over or under any
  trees, highway or public place, as may be necessary  for  its  corporate
  purposes, are hereby declared to be public uses and purposes.
    Where  any  person  or  corporation  other than the state, a political
  subdivision thereof, or a municipality is the owner of any right,  title
  or  interest  in  or to any street, highway or public place, or in or to
  the land on which the street, highway or public  place  is  located,  an
  electric  corporation  or  a  gas  corporation  is hereby authorized and
  empowered to acquire the right to construct, use and maintain such lines
  or wires and such pipes, conduits, ducts or other fixtures, in, over  or
  under  such  street, highway or public place, from such owner or owners,
  by petition in the manner prescribed by section four hundred two of  the
  eminent domain procedure law to the supreme court in the county in which
  such  street, highway or public place is situated. The corporation shall
  file with the court a  certificate  of  the  public  service  commission
  certifying  that the right sought to be acquired is necessary and in the
  public interest and such certificate shall be conclusive evidence as  to
  the matters lawfully certified therein.
    After  a hearing on such petition and any answer thereto, if the court
  shall find that such right to construct, use and maintain  is  necessary
  for  the  corporate  purposes  of  the  corporation,  it shall enter its
  judgment adjudging that such right is necessary for the public  use  and
  that  the  corporation  is  entitled  to construct, use and maintain its
  lines or wires or pipes, conduits, ducts or other fixtures in,  over  or
  under such street, highway or public place and adjudging pursuant to the
  eminent  domain  procedure  law  the  compensation  to  be  made  by the
  corporation to the owner or owners.
    4. Any two or more domestic gas corporations,  electric  corporations,
  gas and electric corporations, and any other domestic corporation formed
  for  the  purpose  of  engaging  in  any  business in which domestic gas
  corporations, electric corporations or gas and electric corporations may
  engage, may merge or consolidate in accordance with  the  procedure  and
  with  the  effect  set forth in article nine of the business corporation
  law.
    5. A corporation mentioned in this article or incorporated under or by
  any general or special law of this state for the  purpose  of  supplying
  for  public use electricity for light, heat or power in cities, towns or
  villages in this state, upon filing a certificate of amendment therefor,
  to which is annexed the consent required  by  section  one  hundred  and
  eleven of this chapter, shall have all the rights, privileges and powers
  and be subject to all the restrictions of district steam corporations.
    6.  The  term  "municipal authorities" as used in subdivisions one and
  three of this section, shall be deemed to be the local legislative  body
  of  a  city,  the board of trustees of a village and the town board of a
  town. All consents in writing for the doing of acts  mentioned  in  such
  subdivisions   given  before  April  fourteenth,  nineteen  hundred  and
  twenty-two,  in  writing  by   the   highway   commissioners   or   town
  superintendent  of  highways  or  the  town  board  of  any  town to any
  corporation organized under the provisions  of  this  article  shall  be
  deemed  to be the consents of the municipal authorities required by this
  section.